Judge rules against Narrowsburg man's fracking lease

Sunday

Aug 28, 2011 at 2:00 AM

NARROWBURG — A Supreme Court judge nullified a gas-drilling lease signed by a Narrowsburg property owner, ruling that the lease violated a ban on commercial uses in the homeowners association's covenants.

Leonard Sparks

NARROWBURG — A Supreme Court judge nullified a gas-drilling lease signed by a Narrowsburg property owner, ruling that the lease violated a ban on commercial uses in the homeowners association's covenants.

"It's a very pristine environment, and we're working diligently to try and keep it pristine," Richard Marcel, the association's president, said Friday.

The association filed suit after Klansky agreed to give Cabot a five-year right to "explore for, drill for, produce and market oil, gas and other hydrocarbons" on his 66-acre property.

The agreement was dated July 3, 2008, about one month after the board approved and distributed to property owners a resolution reaffirming the ban on commercial activities.

The board cites covenant language limiting property uses to single-family homes or agricultural or recreational use. The covenants also ban any "commercial fishing enterprises or fee-based boat launching facilities or any other commercial uses."

"If you have to rank fracking, I think that represents a significant threat to the environment," said Marcel.

Gilpatric also rejected Cabot's effort to reclaim the $99,255 signing bonus it paid to Klansky. The judged concluded that Cabot "made a calculated and knowing decision" to sign the lease "with full knowledge" of the covenants and the association's position.